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december 1973

Supreme Court of India · 1973-12-14

OM PARKASH AND ANOTHER vs STATE OF U.P. AND ORS.

Citation / case number
SC 1968/60303
Court
Supreme Court of India
Petitioner
OM PARKASH AND ANOTHER
Respondent
STATE OF U.P. AND ORS.
Bench
SARKARIA, RANJIT SINGH

Judgment text excerpt

The Supreme Court held that under the U.P. Nagar Mahapalika Adhiniyam, 1959, the modifications to Sections 18 and 23 of the Land Acquisition Act, 1894, are constitutionally valid. The Court clarified that when land is acquired for the Mahapalika, the acquiring authority remains the Government, and the modifications do not violate the rights of landowners. The Court ruled that landowners can choose to have their land acquired under either the unmodified Land Acquisition Act or the modified provisions, impacting their entitlement to compensation and the ability to challenge the Collector's award under Section 18 of the Act.

OM PARKASH AND ANOTHER vs STATE OF U.P. AND ORS. · Niyam